Heatter v. Lucas

Opinion by

Mr. Justice Chidsey,

This is an appeal from a declaratory judgment entered by the Court of Common Pleas of Washington County. The facts are not in dispute. The petitioner is a creditor and administrator of the estate of Joseph Lucas, deceased. During decedent’s lifetime a certain farm, situate in Washington County was deeded to “Francis Lucas, a single man, and Joseph Lucas and Matilda Lucas, his wife.” There is no pointed indication in the deed of what share was intended to pass ,to each of the grantees, the habendum clause providing, “To Have and To Hold the same unto and for the…